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Man who fled after hearing not entitled to discharge

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The motion for discharge under Indiana Criminal Rule 4(C) by a man charged in connection with a gun shop burglary in Morgan County was properly denied by the trial court, the Indiana Court of Appeals held Thursday. Much of the delay in bringing him to trial within a year was attributable to the appellant, including his decision to flee after a hearing.

In Scott Speers v. State of Indiana, 55A01-1208-CR-391, Scott Speers was arrested by police on March 11, 2011, after blood found at the crime scene matched his DNA in the CODIS database. But his jury trial didn’t begin until July 17, 2012. In that time frame, Speers filed a motion to continue because his counsel was going to be out of town on the original trial date of Aug. 24, 2011, and then he later indicated he would plead guilty. Speers was also arrested in another county during this time, and then fled after a Dec. 22, 2011, hearing. He was arrested five days later.

The trial had to be continued so Speers could get a new attorney, as his prior attorney would be a witness in his escape case, and the case was moved to a different court. Nearly 480 days elapsed before Speers went to trial, but enough of the delay was attributable to Speers to support the denial of his Rule 4(C) motion, the Court of Appeals affirmed.

The judges also held that the trial court didn’t erroneously admit results of the DNA testing in violation of the Confrontation Clause of the Sixth Amendment when only DNA analyst Lori James testified. The lab tech who transferred the blood sample from the broken glass in the store to white cloths for testing by James did not testify. Citing Pendergrass v. State, 913 N.E.2d 703, 705 (Ind. 2009), the COA found that James’ testimony regarding the evidence sufficed for Sixth Amendment purposes because she had direct involvement in the testing and analysis of the DNA at issue.

They also rejected his claim that Pendergrass is no longer good law in light of the U.S. Supreme Court’s plurality opinion in Williams v. Illinois, 132 S. Ct. 2221 (2012).

Finally, the appeals court held that the direct examination of the lead detective by the state did not present evidence that created an “evidentiary harpoon,” as Speers contended. He sought a mistrial on the basis the state was leaving the jury to speculate how he was developed as a suspect. The state tried to avoid informing the jury of the CODIS match, which would have indicated Speers had a criminal history.

The trial court correctly denied the motion for mistrial, the judges ruled, because the question by the state and the detective’s response did not inject inadmissible evidence into the trial, and it was simply used by the state as a transition from testimony regarding the initial suspect to the detective’s subsequent investigation of Speers.

 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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